CLASSES OF CONTRACT

Contract on the Basis of their Validity



Valid

A valid contract is one which is enforceable by law. the object of such contract is to create an outstanding obligations between the parties, one party shall be bound to some performance, the other shall have a legal right to enforce.


Void

An agreement which is not enforceable by law is void. Such an agreement creates no legal right and obligations on either side, e.g. an agreement with an alien enemy, an agreement by way of wages, an agreement in restraint of trade. It is, in fact, a mere nullity. It may be treated as of no legal effect because it is contrary to some law or opposed to public policy.


Voidable Contract

A voidable contract is “an agreement which is enforceable by law at the option of one or more of the parties thereto, but not at the option of the other or others”. e.g. a contract induced by fraud or misrepresentation or coercion, in other words, this type of contract is a contract where aggrieved party, thereto may avoid or repudiate while the other party cannot do so.


Unenforceable

The court, under certain circumstances, will not enforce contract which are otherwise valid because of the technical difficulty created by the law of procedure generally, Such contracts are also called unenforceable which are incapable of proof owing to the neglect of some formalities required by special provisions of law. The most important contracts in this class are contracts of guarantee and contracts for the sale or other disposition of land of any interest in land.

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Illegal Contract

The term “illegal” is used generally the wider sense. These types of contract are considered contrary to law and prohibited by law on pain of penalty where a void contract does not. All illegal contracts are void, but all void contracts are not illegal such as wagering agreement is void but not illegal


Contract on the Basis of their Performance


Executed Contract

An executed contract is one that has been fully performed by all parties. It is obvious, of course, that a contract may at a give time be at one of the various stages of execution
A contract may be executed at once, as in the case of cash sale; or it may be executed or performed in the future.


Executory Contract

An executory contract is one upon which no performance has taken place. For example, if a utility company agrees to furnish electricity to another party for a specified period of time at a stipulated price, the contract is executory. If the entire price is paid in advance, the contract is still deemed executory, although, strictly speaking, it is executed on one side an executory on the other.


Contract on the Basis of Creation


Express Contract

An express contract is the result of the written or spoken words of the parties; these words establish the contractual relationship. The agreement and its terms are declared by the parties and are not left to interference or to be understood.


Implied Contract

An implied contract is one in which the evidence of the agreement is not shown by words, written or spoken, but by the acts and conduct of the parties. Such a contract arises, for example, when one person, without being requested to do so, renders services under circumstances indicating that the expects to be paid for them, and the other person, knowing such circumstances accepts the benefit of those services.

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Quasi Contract

Under certain circumstances the law imposes an obligation to pay for a benefit received as through a contract had actually been made. This will be done in a limited number of situations in order to attain an equitable or just result.

For Example, when a homeowner permits repairs to be made on his home with the knowledge that they are being made by a stranger who would expect to be paid for such repairs, there is quasi contractual duty to pay for the reasonable value of the improvements. In order to distinguish this type of obligation from a true contract which is based upon the agreement of the parties, the obligation is called a Quasi Contract.


Contracts on the Basis of Nature


Bilateral Contracts

A bilateral contracts is created by an exchange of promises
Illustration
X promises to marry Y, and Y promises to marry X, this is a bilateral agreement.


Unilateral Contract

This type of contract is an exchange of a promise for an act. Since only one party is obliged to perform after the contract has been made, this is called unilateral contract.
Illustration
At Y’s request, X extends Rs. 2 lacs worth of credit to Z, and Y agrees to pay this sum in the even of Z’s default. This is unilateral contract, consisting of X’s act in exchange for Y’s promise for repayment.


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Contingent Contract

Where the performance of contract depends upon the happening of uncertain event in the future it is called contingent contract.

According to section 31, a “Contingent contract” is a contract, to do or not to do something, if some event, collateral, to such contract, does or does not happen.


Formal Contract

Formal contractors are those which are required to meet established standards of form, such as negotiable instruments; or those executed under seal. A formal contract in order to be valid must have the following essentials:-
i. Writing
ii. Signature
iii. Seal
iv. Delivery


Informal Contract

Most contracts are not required to conform to a set form or pattern. Such contracts are referred to as being informal or simple. It may be written or oral. An informal contract must have consideration to support it other wise it is not enforceable.

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